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HomeMy WebLinkAboutApprove Payment of $5,836.89 for the Buttrey's Solvent Site Cost Recovery.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: Buttrey’s Solvent Site - $5,836.89 cost recovery MEETING DATE: Monday, December 14, 2009 BACKGROUND: MDEQ submitted an invoice for costs incurred by MDEQ for the period of September and October, 2009 in the amount of $11,673.78. The City and Jewel split the costs evenly. The City’s portion of these costs is $5,836.89. St. Paul/Travelers and Safeco insurance company will reimburse the City 23% of these costs in the following percentages: St. Paul/Travelers (19%) and Safeco (4%). RECOMMENDATION: Recommend approval of payment of $5,836.89. FISCAL EFFECTS: Unreimbursed amount - $1,342.48. ALTERNATIVES: As may be recommended by the Commission. Respectfully submitted, _________________________________ ____________________________ Tim Cooper, Assistant City Attorney Chris A. Kukulski, City Manager Attachments 115 MEMORANDUM TO: Honorable Mayor and Bozeman City Commission THRU: Chris A. Kukulski, City Manager FROM: Tim Cooper, Assistant City Attorney DATE: December 14, 2009 RE: Buttrey's Solvent Site, $5,836.89 Cost Recovery ____________________________________________ Please find attached a copy of MDEQ’s cost recovery demand to the City and Jewel forwarded to the City from the law office of Moore, O’Connell and Refling. The demand is for costs incurred by MDEQ during the period of September and Octover, 2009. As in the past, Allan Baris and I recommend ratification of payment of $5,836.89 toward these costs which represents half of the requested amount. Jewel will be paying the other 50%. The City Commission has approved past payment of cost recovery demand as follows: 1. $17,105.18 to Jewel for March 1992 through December 31, 1992; 2. $4,400.00 to Jewel for January 1, 1993 to March 31, 1993; 3. $7,362.53, April 1, 1993 to June 30, 1993; 4. $3,439.47, July 1, 1993 through September 30, 1993; 5. $3,014.19, October 1, 1993 through December 31, 1993; 6. $5,300.98, January 1, 1994 through March 18, 1994; 7. $4,978.90, March 19, 1994 through June 30, 1994; 8. $4,438.17, July 1, 1994 through September 30, 1994; 9. $3,388.27, October 1, 1994 through December 31, 1994; 10. $4,649.94, January 1, 1995 through March 31, 1995; 11. $2,757.95, April 1, 1995 through June 30, 1995; 12. $3,528.74, July 1, 1995 through September 30, 1995; 13. $7,747.71, October 1, 1995 through December 31, 1995; 14. $7,566.67, January 1, 1996 through March 31, 1996; 15. $6,487.05, April 1, 1996 through June 30, 1996; 16. $4,047.86, July 1, 1996; through September 30, 1996; 17. $3,823.37, October 1, 1996 through December 31, 1996; 18. $3,161.29, January 1, 1997 through March 31, 1997; 19. $3,406.51, April 1, 1997 through June 30, 1997; 20. $2,432.54, July 1, 1997 through September 30, 1997; 21. $4,830.97, October 1, 1997 through December 31, 1997; 22. $6,015.12, January 1, 1998 through March 31, 1998; 116 23. $9,534.58, April 1, 1998 through June 30, 1998; 24. $3,928.95, July 1, 1998 through December 31, 1998; 25. $4,201.45, January 1, 1999 through March 31, 1999; 26. $1,670.88, April 1, 1999 through June 30, 1999. 27. $17,059.96, July 1, 1999 through June 30, 2000. 28. $19,379.37, July 1, 2000 through June 30, 2001 29. $2,707.13, July 1, 2001 through December 31, 2001 30. $3,096.48, January 1, 2002 through June 30, 2002 31. $630.37, July 1, 2002 through September 30, 2002 32. $2,023.94, October 1, 2002 through December 30, 2002 33. $1,887.28, January 1, 2003 through March 31, 2003 34. $2,738.60, April 1, 2003 through June 30, 2003 35. $4,763.95, July 1, 2003 through December 31, 2003. 36. $3,636.37, January 1, 2004 through March 31, 2004. 37. $2,872.28, April 1, 2004 through June 30, 2004. 38. $2,161.78, October 1, 2004 through December 31, 2004. 39. $9,974.03, January 1, 2005 through June 30, 2005. 40. $5,495.10, January 1, 2006 through March 31, 2005. 41. $6, 723.97, April 1, 2006 through June 30, 2006. 42. $3,192.38, July 1, 2006 through September 30, 2006. 43. $4,115.80, October 1, 2006 through December 31, 2006. 44. $2,569.64, January 1, 2007 through February 28, 2007. 45. $1,245.89, March 2007. 45. $1,980.30, April 1, 2007 through May 31, 2007 46. $3,195.42, June 2007 47. $751.20, July and August 2007 48. $793.43 September, 2007 49. $469.06 October 2007 50. $309.59 November 2007 51. $127.54 December 2007 52. $3,124.13 January 2008 53. $363.21 February 2008 54. $208.90 May 2008 55. $2,598.26 June 2008 56. $3,271.58 July and August 2008 57. $1,658.55 September 2008 58. $1,096.28 October 2008 59. $5,338.63 November 2008 60. $7,742.72 December 2008 61. $2,322.46 January 2009 62. $2.390.14 February 2009 63. $7,437.65 March 2009 64. $7,348.75 May 2009 65. $19,194.32 June 2009 66. $4,186.43 July – August 2009 67. $2,886.29 September 2009 68. $2,950.60 October 2009 117 I recommend that this item be placed on the Consent Agenda for Commission consideration on Monday, December 14, 2009. cc: Debbie Arkell, Director of Public Service Allan Baris, Esq. 118 119 120 121 122 123 124 125 126 127 128 129 130 131